A judge has ruled in favour of defence who argued that Filip Grkovski can only be found guilty of criminal negligence and impaired operation causing death and bodily harm, if the crown has proven beyond a reasonable doubt that Grkovski was driving the boat at the time of a tragic crash on May 31, 2022.
Superior Court Justice P. Tamara Sugunasiri made her ruling on Wednesday in advance of closing arguments at the judge-alone trial for the Mississauga, Ont. man charged with impaired operation and criminal negligence causing death and bodily harm.
24-year-old Megan Wu and 34-year-old Julio Abrantes both drowned after Grkovski’s boat struck rocks off Tommy Thompson Park near the Outer Harbour Marina causing the boat to flip over. Four passengers were rescued from the cabin of the vessel, four others swam to safety but Wu and Abrantes were trapped under the boat and could not be saved.
Defence lawyer Alan Gold told court that there is reasonable doubt that Grkovski was driving at the time of the tragic event.
A passenger named Eddie Denkha testified for the crown that Grkovski was operating the boat at the time of the collision but Grkovski who took the witness stand in his own defence and pointed the finger at Denkha.
No other passengers could say who was driving the 3o foot pleasure craft at the time of the collision.
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Gold told Sugunasiri that Denkha was “exactly the kind who person who would drive dangerously” given Denkha has a relevant criminal record for dangerous driving and “a horrendous highway traffic act record for the kind of conduct that happened to cause this tragedy.”
The defence pointed out that just prior to the collision, one of the witnesses testified that Denkha had been driving and she told him to slow down. Gold said that Denkha also changed his story about what he said Filip did. “In his interview, he told police he was going too fast … to slow down. But at trial, he said that Filip drove too close to shore,” Gold explained.
Gold called Denkha’s testimony “a lie” and argued he was either showing off for Wu whom he was romantically interested in or testing out the speed of the boat.
Gold said his client went below deck to spend time with his girlfriend, coming up twice and on the second time, it was too late, Denkha had caused the accident.
“The tragedy took place but it’s all on Eddie. It’s not on my client,” Gold concluded.
Assistant crown attorney Jordan Howard argued that Grkovski’s testimony should not believed. Howard pointed out that the accused was unwilling to answer certain questions and a number of times, gave evidence that was contradicted by others
“Especially about the argument with his girlfriend. One of the reasons he should not be believed is because he was downplaying the arguing, and his evidence was contradicts almost everyone,” said Howard.
Howard pointed out Grkovski also denied there was use of cocaine on the boat, despite what others said, Grkovski downplayed Denkha’s intoxication and testified he told everyone where the life jackets were on the boat. None of the passengers testified they knew where the life jackets were except one woman who had been on the boat before.
As for Denkha’s testimony, Howard said even if her honour disblieves him, there is other evidence beyond a reasonable doubt that Grkovski was behind the wheel at the time of the crash.
Regarding impairment, the prosecutor said at the time of the crash, toxicology reports found Grkovski had over 80 mg/100 ml of alcohol in his blood. On the issue of criminal negligence, Howard pointed out a number of factors leading up to the crash that showed a wanton disregard for the people on the boat.
“Impairment, speed, lack of safety equipment, these all represent cumulatively a marked and substantial departure from what a reasonable person would have done,” said Howard. “If you believe he was driving the boat, then you have to decide he was criminally negligent at the time.”
Sugunasiri will deliver her judgement on May 20.
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